Void Trusts

Question 1

Void Trust

Answer 1

if against public policy

Question 2

Condition Precedent

Answer 2

the beneficiary will only get the property if something is done first. eg. providing he becomes a solicitor

Question 3

Void condition precedent

Answer 3

the gift/trust will fail and go back to the donor

Question 4

Condition Subsequent

Answer 4

the beneficiary already has the gift, but then if something happens, the interest will be revoked eg. gift revoked if you join the army

Question 5

Void condition subsequent

Answer 5

the condition will fail but the gift remains

Question 6

Determinable Interest

Answer 6

The beneficiary’s interest will automatically terminate on the occurence of some event. eg. until you become bankrupt

Question 7

Void determinable interest

Answer 7

the gift/trust fails and property goes back to donor

Question 8

Trusts interfering w/ Parental Duties

Answer 8

if the condition on a trust prevent a parent from carrying out their parental duties = void
- the trust fails

Question 9

Voidable Trusts

Answer 9

• to bring about separation between parent & child
• taking away interest on grounds of religion
• imposing a total restraint on marriage (only 1st marriage)
• inducing separation between husband & wife

Question 10

Conditions upheld by Courts

Answer 10

• imposing total restraint on 2nd or subsequent marriage
• partial restraint on marriage
• conditions that need consent of 3rd party
• gift only last until they get married
• condition that reduces the gift to spouse on marriage

Question 11

Capricious Trust

Answer 11

trust that serves no useful purpose = void